SLS 15RS-23 ORIGINAL
2015 Regular Session
SENATE BILL NO. 1
BY SENATOR ALLAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SERVITUDES. Provides relative to servitudes of natural drainage. (gov sig)
1 AN ACT
2 To amend and reenact Civil Code Arts. 655 and 656, relative to servitudes; to provide
3 relative to natural servitudes; to provide relative to natural drainage, obligations of
4 owners, and dominant and servient estates; to provide certain terms and effects; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Arts. 655 and 656 are hereby amended and reenacted to read
8 as follows:
9 Art. 655. Natural drainage
10 An estate situated below is the servient estate and is bound to receive the
11 surface waters that flow naturally from an a dominant estate situated above, unless
12 an act of man has created the flow.
13 Art. 656. Obligations of the owners
14 The owner of the servient estate situated below may not do anything to
15 prevent the flow of the water. The owner of the dominant estate situated above may
16 not do anything to render the servitude more burdensome.
17 Section 2. The provisions of this Act are intended to clarify the meaning of Civil
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 1
SLS 15RS-23 ORIGINAL
1 Code Articles 655 and 656 from the time of their initial enactment as reproducing the
2 substance of Article 660 of the Louisiana Civil Code of 1870.
3 Section 3. The provisions of this Act shall be given retroactive application.
4 Section 4. This Act shall become effective upon signature by the governor or, if not
5 signed by the governor, upon expiration of the time for bills to become law without signature
6 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7 vetoed by the governor and subsequently approved by the legislature, this Act shall become
8 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
SB 1 Original 2015 Regular Session Allain
Present law provides that an estate situated below is bound to receive the surface waters that
flow naturally from an estate situated above, unless an act of man has created the flow.
Proposed law provides that an estate situated below is the servient estate and is bound to
receive the surface waters that flow naturally from a dominant estate situated above, unless
an act of man has created the flow.
Present law provides that the owner of the servient estate may not do anything to prevent the
flow of the water. Present law further provides that the owner of the dominant estate may
not do anything to render the servitude more burdensome.
Proposed law provides that the owner of the servient estate situated below may not do
anything to prevent the flow of the water. Proposed law further provides that the owner of
the dominant estate situated above may not do anything to render the servitude more
burdensome.
Proposed law provides that proposed law is intended to clarify the meaning of Civil Code
Articles 655 and 656 from the time of their initial enactment as reproducing the substance
of Article 660 of the Louisiana Civil Code of 1870.
Proposed law provides that proposed law shall be given retroactive application.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 655 and 656)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.